Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CCC15 v Minister for Immigration and Border Protection [2017] FCA 201 Appeal from: CCC15 v Minister for Immigration & Anor [2016] FCCA 2335
File number: NSD 1672 of 2016
Judge: BROMBERG J
Date of judgment: 2 March 2017
Catchwords: MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia ("FCC") – whether the judgment of the FCC was affected by actual or apprehended bias – no basis for suggesting actual bias – where the reasons for judgment indicate that the primary judge listened to the transcript of the Tribunal hearing and addressed each of the appellant's complaints about the conduct of the hearing – no basis for suggesting that a fair-minded lay observer might reasonably apprehend that the primary judge might not have brought an impartial mind to the resolution of the question before him – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 474
Cases cited: CCC15 v Minister for Immigration and Anor [2016] FCCA 2335 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex Parte H [2001] HCA 28 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117
Date of hearing: 2 March 2017
Registry: New South Wales
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